Chương IV Luật Bảo vệ bí mật nhà nước 2018: Trách nhiệm bảo vệ bí mật nhà nước

Chapter IV

RESPONSIBILITIES FOR STATES SECRET PROTECTION

Article 24. Responsibilities for states secret protection of regulatory bodies and organizations

1. The Government shall exercise the unified state management of state secrets protection.

2. The Ministry of Public Security shall be answerable to the Government for state management of state secrets protection and have the following tasks and powers:

a) Formulating and proposing guidelines, policies and plans for state secrets protection;

b) Taking charge in developing and proposing legislative documents on state secrets protection to competent authorities for promulgation or promulgating such documents ex officio; providing guidelines for state secrets protection;

c) Organizing training in professional operation and knowledge pertaining to state secrets protection;

d) Preventing and combating violations against regulations on state secrets protection;

dd) Inspecting, settling complaints and denunciations, and handling violations against regulations on state secrets protection;

e) Carrying out international cooperation in state secrets protection as assigned by the Government;

g) Providing for specimens of confidentiality markings, confidentiality notices and other forms denoting confidentiality and specimens of documents for state secrets protection.

3. Within their duties and powers, the Office of the Central Steering Committee and Party Central Committee’s Commission, supervisory communist organizations, Party Civil Affairs Committees, Party Executive Committees under Party Central Committee; central bodies of socio-political organizations and social organizations; Ethnic Minorities Council, Committees of the National Assembly, affiliates of the Standing Committee of the National Assembly, Office of the National Assembly; Office of the President; Ministries, Ministerial-level bodies, Governmental agencies, the Supreme People’s Court; the Supreme People’s Procuracy; the State Audit Office; Party Executive Committees of provinces and cities, Delegation of the National Assembly Deputies, People’s Councils and People’s Committees of provinces and central-affiliated cities shall:

a) Organize state secrets protection;

b) Take charge in developing and proposing specialized documents related to state secrets protection within the scope of this Law to competent authorities for promulgation or promulgating such documents ex officio;

c) Promulgate regulations on state secrets protection in regulatory bodies, organizations and localities and organize the implementation thereof;

d) Inspect, settle complaints and denunciations, and handle violations against regulations on state secrets protection committed by affiliated bodies, organizations and individuals;

dd) Assign personnel for state secrets protection tasks; prepare reports on state secrets protection as regulated by the Government.

4. The Ministry of National Defense shall be answerable to the Government for state management of protection of state secrets under their management and hold the responsibilities defined in Clause 3 herein.

5. The Government Cipher Commission shall:

a) Protect state cryptographic secrets in accordance with this Law and other relevant provisions of laws;

b) Advise the Government on establishing and developing the national cryptographic information system; manage code research, production, provision and use for protection of information concerning state secrets;

c) Hold the responsibilities defined in Clause 3 herein.

Article 25. Responsibilities of heads of regulatory bodies and organizations managing state secrets

1. Promulgate regulations on state secrets protection in regulatory bodies and organizations, excluding those prescribed in Clause 3 Article 24 of this Law.

2. Direct, inspect and expedite implementation of regulations of laws and regulations on state secrets protection in regulatory bodies and organizations under their management.

3. Provide guidance upon divulgence or loss of state secrets under their management and promptly notify competent authorities of such situation.

4. Organize recall of state secret containers when a person assigned the management of a state secret resigns, transfers to another workplace, retires, passes away or is relieved of such assignment for other reasons.

Article 26. Responsibilities of persons with authorized access to state secrets and state secrets managers

1. Persons with authorized access to state secrets shall:

a) Comply with regulations of laws and regulations of regulatory bodies and organizations on state secrets protection;

b) Implement state secrets protection measures;

c) Use state secrets for authorized purposes;

d) Comply with requirements and guidelines of regulatory bodies and organizations managing state secrets.

2. State secrets managers shall:

a) Hold the responsibilities defined in Clause 1 herein;

b) Propose protection measures for the state secrets under their management to persons with competence in deciding such matter;

c) If a violation against regulations on state secrets protection is detected, they must take response measures, report to the person(s) responsible for handling such situation and notify the regulatory body or organization determining the state secret for remedial measures; 

d) Hand over the assigned state secrets to authorized managing regulatory bodies/organizations before they resign, transfer to another workplace, retire or are relieved of such assignment for other reasons and commit themselves to protect the state secrets that used to be under their management.

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